# § 660. Cybersecurity plans
**(a)** **Definitions** In this section, the term “agency information system” means an information system used or operated by an agency or by another entity on behalf of an agency.
**(b)** **Intrusion assessment plan**
**(1)** **Requirement** The Secretary, in coordination with the Director of the Office of Management and Budget, shall—
**(A)** develop and implement an intrusion assessment plan to proactively detect, identify, and remove intruders in agency information systems on a routine basis; and
**(B)** update such plan as necessary.
**(2)** **Exception** The intrusion assessment plan required under paragraph (1) shall not apply to the Department of Defense, a national security system, or an element of the intelligence community.
**(c)** **Cyber incident response plan** The Director of the Cybersecurity and Infrastructure Security Agency shall, in coordination with appropriate Federal departments and agencies, State and local governments, sector coordinating councils, Information Sharing and Analysis Organizations, owners and operators of critical infrastructure, and other appropriate entities and individuals, develop, update not less often than biennially, maintain, and exercise adaptable cyber incident response plans to address cybersecurity risks to critical infrastructure. The Director, in consultation with relevant Sector Risk Management Agencies and the National Cyber Director, shall develop mechanisms to engage with stakeholders to educate such stakeholders regarding Federal Government cybersecurity roles and responsibilities for cyber incident response.
**(d)** **National Response Framework** The Secretary, in coordination with the heads of other appropriate Federal departments and agencies, and in accordance with the National Cybersecurity Incident Response Plan required under subsection (c), shall regularly update, maintain, and exercise the Cyber Incident Annex to the National Response Framework of the Department.
**(e)** **Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments**
**(1)** **In general**
**(A)** **Requirement** December 27, 2021
Not later than one year after , the Secretary, acting through the Director, shall, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, develop and make publicly available a Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments.
**(B)** **Recommendations and requirements** The strategy required under subparagraph (A) shall provide recommendations relating to the ways in which the Federal Government should support and promote the ability of State, local, Tribal, and territorial governments to identify, mitigate against, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, and incidents.
**(2)** **Contents** The strategy required under paragraph (1) shall—
**(A)** identify capability gaps in the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents;
**(B)** identify Federal resources and capabilities that are available or could be made available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents;
**(C)** identify and assess the limitations of Federal resources and capabilities available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents and make recommendations to address such limitations;
**(D)** identify opportunities to improve the coordination of the Agency with Federal and non-Federal entities, such as the Multi-State Information Sharing and Analysis Center, to improve—
**(i)** incident exercises, information sharing and incident notification procedures;
**(ii)** the ability for State, local, Tribal, and territorial governments to voluntarily adapt and implement guidance in Federal binding operational directives; and
**(iii)** opportunities to leverage Federal schedules for cybersecurity investments under section 502 of title 40;
**(E)** recommend new initiatives the Federal Government should undertake to improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents;
**(F)** set short-term and long-term goals that will improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; and
**(G)** set dates, including interim benchmarks, as appropriate for State, local, Tribal, and territorial governments to establish baseline capabilities to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents.
**(3)** **Considerations** In developing the strategy required under paragraph (1), the Director, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, shall consider—
**(A)** lessons learned from incidents that have affected State, local, Tribal, and territorial governments, and exercises with Federal and non-Federal entities;
**(B)** the impact of incidents that have affected State, local, Tribal, and territorial governments, including the resulting costs to such governments;
**(C)** the information related to the interest and ability of state and non-state threat actors to compromise information systems owned or operated by State, local, Tribal, and territorial governments; and
**(D)** emerging cybersecurity risks and cybersecurity threats to State, local, Tribal, and territorial governments resulting from the deployment of new technologies.
**(4)** **Exemption** Chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”) shall not apply to any action to implement this subsection.
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**Source Credit**: (Pub. L. 107–296, title XXII, § 2210, formerly title II, § 228, as added and amended Pub. L. 114–113, div. N, title II, §§ 205, 223(a)(2), (4), (5), Dec. 18, 2015, 129 Stat. 2961, 2963, 2964; renumbered title XXII, § 2210, and amended Pub. L. 115–278, § 2(g)(2)(I), (9)(A)(iv), Nov. 16, 2018, 132 Stat. 4178, 4181; Pub. L. 117–81, div. A, title XV, §§ 1545, 1546, Dec. 27, 2021, 135 Stat. 2057, 2059; Pub. L. 117–263, div. G, title LXXI, § 7143(b)(2)(E), (c)(8), Dec. 23, 2022, 136 Stat. 3660, 3663.)
## Editorial Notes
### Codification
Section was formerly classified to prior to renumbering by .
Former , which was transferred and redesignated as subsec. (c) of this section by , , , was based on , as added by , , .
### Amendments
2022—Subsec. (a). , substituted “section, the term ‘agency information system’ means an information system used or operated by an agency or by another entity on behalf of an agency.” for “section—” and struck out pars. (1) to (4) which defined agency information system, cybersecurity risk, information system, intelligence community, and national security system.
Subsec. (c). , substituted “Director of the Cybersecurity and Infrastructure Security Agency” for “Director of Cybersecurity and Infrastructure Security”.
, substituted “Information Sharing and Analysis Organizations” for “information sharing and analysis organizations (as defined in )” and struck out “(as defined in )” after “cybersecurity risks”.
Subsec. (e)(1)(B). , which directed striking out “(as such term is defined in )”, was executed by striking out “(as such term is defined in )” after “cybersecurity risks” and after “incidents”, to reflect the probable intent of Congress.
Subsec. (e)(3)(C). , struck out “(as such term is defined in )” after “information systems”.
2021—Subsec. (c). , substituted “update not less often than biennially” for “regularly update” and inserted “The Director, in consultation with relevant Sector Risk Management Agencies and the National Cyber Director, shall develop mechanisms to engage with stakeholders to educate such stakeholders regarding Federal Government cybersecurity roles and responsibilities for cyber incident response.” at end.
Subsec. (e). , added subsec. (e).
2018—Subsec. (a)(2). , substituted “” for “”.
Subsec. (c). , substituted “Director of Cybersecurity and Infrastructure Security” for “Under Secretary appointed under ”, “” for “”, and “” for “”.
2015—Subsec. (c). , made technical amendment to reference in original act which appears in text as reference to .
, transferred former to subsec. (c) of this section. See Codification note above.
Subsec. (d). , added subsec. (d).
## Statutory Notes and Related Subsidiaries
### Rules of Construction
Nothing in amendment made by to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in ) or officer or employee of the United States on or before , see , set out as a note under .
> “Nothing in the amendment made by subsection (a) [enacting subsec. (c) of this section and
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> ] or in subsection (b)(1) [formerly classified as a note under
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> , Public Printing and Documents, see now
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> , set out as a note under
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> ] shall be construed to alter any authority of a Federal agency or department.”
, , , provided that: